Bertola

This is an appeal from a judgment in plaintiff’s favor for the sum of five hundred dollars in an action brought by her to recover from the defendants said sum for their alleged failure to perform the terms and conditions of a contract for the sale to said plaintiff of certain real estate.

The cause was tried before a jury, and the facts of the case upon which the jury rendered their verdict in the plaintiff’s favor were briefly these:

The plaintiff, being desirous of purchasing a residence in Ingleside Terrace tract, in the city and county of San Francisco, saw an advertisement in a paper to the effect that the defendant, W. W. Kirby, had houses to sell in said tract. She called upon Kirby, who introduced her to the defendant Allred as his principal, and together they went to view the premises. The plaintiff, who was a physician, informed the defendants that she desired to use the premises if purchased for her residence and also for an office for the practice of medicine. She was shown at the time certain building restrictions imposed upon the tract at the time of its original subdivision, which provided “that no building or structure except a dwelling-house, or appurtenances…